Man sues Corrective Services for unlawful imprisonment (CYP v State of New South Wales)

Key Words: Action for false imprisonment against Corrective Services – Plaintiff kept in custody beyond period of the warrant of incarceration – Corrective Services failed to release plaintiff in accordance with warrant

Facts:

CYP was sentenced by a Local Court to a term of imprisonment. In accordance with the judgment of the Magistrate, a warrant of commitment specifying his date of release was sent with him to Corrective Services. Corrective Services failed to correctly note the Plaintiff’s date of release and kept him in custody for several days after he was due to be released, despite his protestations.

Upon his release, CYP instructed O’Brien Solicitors to file a Statement of Claim alleging false imprisonment/unlawful imprisonment for the period of time in which he was held by Corrective Services beyond the period of the warrant of imprisonment.

Outcome:

After several months of protracted negotiations and Court hearings, the matter was settled such that CYP was paid appropriate damages to compensate him for the period in time he ought to have been liberty but was instead falsely imprisoned within the jail.